Study On The Running Mechanism Of The Civil Execution Executi On Examination Right

The civil execution examination power is the result of theoretical research Decentralization of Civil Execution, which has been confirmed by Judicial interpretation. After that the civil execution examination power come into the academic research field.In recent years academics have a depth discussion mainly on the nature of decentralization and civil enforcement of civil enforcement power. However, the right of implementation review is not discussed sufficiently which plays an important role in decentralization of civil execution. In view of the execution of judicial practice, operating mechanism of the implementation review right is not uniform in the People’s Court. Therefore, it is necessary to have a symmetric study on the problem existing in operating mechanism of implementation review right and how to solve it.This paper, guided by the law theory, combines with practical research of the reform of civil execution, logical analysis, literature research, comparative research methods and others to have a study on the connotation of power, authority and the nature and characteristics of the subject of power, content, power and other basic counterpart theory; analyze and make a comparison between nations characteristic of "one or "Dual" system of the civil rights implementation and demonstrate consistency of dividing civil enforcement powers into execution and implementation right and review the implementation right. Through research identify problems and learn basic foreign civilian implementation of the concepts and practices, it is concluded that the implementation review right is rationally allocated and scientifically operated, firstly, we should provide a sufficient legal basis for operation of the implementation review right, secondly, regulate running mechanisms, standardize operation procedures for execution, execution hearings ruling; at last, improve supervisory of civil rights power counterpart, the People’s Court within and People’s Procuratorate Implementation Supervisory on the civil exestuation review rights.Through above research, hoping to find problems existing in operation mechanism of the civil rights implementation review and provide ideas for solution, provide a reasonable proposal to regulate the civilian implementation of the review, so that the legal rights and interests of the relative can be better protected.